- In Alberta, the ability to make decisions about a child is tied to guardianship, not parentage status.
- Parenting time is the time a child spends in your care, and decision-making responsibility is the responsibility for significant decisions about the child.
- A person who is not a guardian, such as a grandparent, applies for a contact order, which does not give rights or responsibilities over the child.
Family law uses several terms that sound alike: guardianship, parenting time, decision-making and contact. They are related, but they are not the same thing, and mixing them up can leave you unsure about what you can actually do for your child.
This article explains the difference in plain terms, who is a guardian in Alberta, and what to consider if you are not one.
This article covers the law of Alberta.
What guardianship means
In Alberta, the ability to make decisions about a child is tied to guardianship, not to parentage status. A guardian under the Family Law Act is a guardian for all legal purposes, and in most cases a child's parents are also guardians. A birth mother is already a legal guardian of her child.
After separation, guardians who agree can keep exercising guardianship powers without a court order. If they disagree, either guardian can apply for a parenting order.
Parenting time and decision-making responsibility
Under the Divorce Act, parenting time means the time a child spends in the care of a person under a parenting order, and decision-making responsibility means the responsibility for making significant decisions about the child's well-being. Unless the court orders otherwise, the person who has parenting time has exclusive authority to make day-to-day decisions affecting the child during that time.
Decision-making responsibility can be allocated to either spouse, to both, or to a non-spouse who is a party to the application, so it can be sole, joint or divided by subject. Under Alberta Family Law Act guidance, a parenting order can divide parenting time, assign specific responsibilities, or set a process for resolving future disputes.
| Term | What it means | Who it applies to |
|---|---|---|
| Guardianship | Ability to make decisions about a child under Alberta law | Usually a child's parents, but not always |
| Parenting time | Time the child spends in your care, without the other parent or guardian | A person given it by agreement or order |
| Decision-making responsibility | Responsibility for significant decisions about the child's well-being | Can be sole, joint or divided by subject |
| Contact | Visits, calls or letters, with no rights or responsibilities over the child | A non-guardian, such as a grandparent |
Who is a guardian if you were not married
A parent who is not the birth mother can be a guardian automatically in several situations. One example is living with the mother for at least 12 months, including when the child was born, or being married to her when the child was born.
There are other routes, including:
- Marrying the mother after the birth, being in an adult interdependent relationship after the birth, giving financial or non-financial support, or behaving in a way that showed intent to take on guardianship responsibilities, where this happened within 1 year of finding out about the child.
- Being divorced during the pregnancy with less than 300 days before the birth.
- Being in an adult interdependent relationship at the birth that lasted 3 years, or under 3 years where both signed an Adult Interdependent Partnership Agreement or the two had a child together.
- Having a court order naming you as guardian or only parent, or a written deal with the other parent saying you are a guardian.
If you are not a guardian
A parent who is not a guardian, or an adult who has had care and control of the child for at least 6 months, can apply for a Guardianship Order using Claim – Family Law Act (CTS3459) and Adult's Statement – Guardianship of Child (CTS3484).
A person who is not a guardian, such as a grandparent or a non-guardian parent, applies for a Contact Order instead. A contact order sets out visits, calls or letters and does not give the person rights or responsibilities over the child. Under the Divorce Act, a non-spouse such as a grandparent can apply for a contact order only with leave of the court, and contact is considered alongside any other person's parenting time.
What to do next
- Work out whether you are already a guardian, using the routes above.
- Gather any court orders or written agreements that mention guardianship or parenting time.
- If you need a Guardianship Order, note that it can be filed at any court in Alberta if there is no existing action with the other party; if there is one, file at the same court and location.
- In Greater Edmonton, Calgary, Red Deer or Grande Prairie, the Family Justice Strategy may apply first.
- Speak with a lawyer if your situation does not fit neatly into one category.
Frequently asked questions
Does being a parent automatically make me a guardian in Alberta?
In most cases a child's parents are also guardians. A birth mother is already a guardian, while a parent who is not the birth mother may qualify automatically in certain situations, such as living with the mother for at least 12 months including when the child was born.
Can I have parenting time without being a guardian?
A non-guardian generally applies for a Contact Order, which sets out visits, calls or letters. For a non-guardian, time with the child is called contact.
Is decision-making responsibility the same as guardianship?
They are related but separate. Guardianship is the Alberta concept tied to the ability to make decisions about a child, while decision-making responsibility is the Divorce Act term for significant decisions about the child's well-being, which can be sole, joint or divided by subject.
Can a grandparent get a guardianship order?
An adult who has had care and control of the child for at least 6 months can apply for a Guardianship Order. A grandparent who does not meet that description would generally look at a Contact Order.
Sources
- Divorce Act (Justice Laws), s. 2(1) — Justice Laws (federal)
- Divorce Act (Justice Laws), s. 16.2(2) — Justice Laws (federal)
- Alberta.ca: Family law legislation — alberta.ca
- Alberta.ca: Apply for child guardianship — alberta.ca
- Alberta.ca: Apply for a Contact Order — alberta.ca
- Alberta.ca: Enforce parenting time — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Ask our Team for a quote. We reply by email.